The Bombay High Court (HC) has clarified that criticism or even crude abuse directed at socio-political figures cannot be treated as an insult to religion. The ruling came while quashing an FIR filed against a man accused of hurling abuses at Maratha quota activist Manoj Jarange-Patil at a bar and restaurant in December 2023.
The case was heard by a division bench comprising Justices Vibha Kankanwadi and Hiten Venegavkar at the Aurangabad bench of the HC. The FIR had invoked Section 295A of the Indian Penal Code (IPC), alleging the man insulted religious sentiments.
“The socio-political figure may be admired or followed by several persons but criticism or even crude abuses directed upon such figure, however disrespectful or derogatory it may be, does not by itself translate into an insult to a religion,” the bench observed in its judgment.
The court further clarified that a person, even if they represent a religion in some manner, does not become a religion. The judges emphasised that Section 295A protects religion as a system of belief or worship, but does not extend that protection to leaders of a caste, community, or movement.
“A person may represent a religion in certain ways but he/she does not become ‘religion’ by such representation,” the bench said.
The judgment emphasised that “religious feelings” cannot be conflated with political pride or personal sentiments, and leaders, regardless of their widespread respect, remain subject to criticism.
According to the FIR, the accused, allegedly under the influence of alcohol, used abusive language against Jarange. However, the court noted that the complaint made no mention of any deliberate or malicious attempt to outrage religious feelings.
“The phrase ‘religious feelings’ cannot draw similarity with wounded pride or political sentiments,” the court noted, asserting that political or social criticism does not equate to religious insult.
